Please can someone advise?

jojopo000

I am asking this on behalf of a friend, she went into work on friday and her boss said he was going to have to get rid of someone as he cant afford to pay all the staff and he would let them know on Monday, on saturday she looked in the book and saw no work was booked in for her so she asked her boss and she said yea it was her so she may as well go now(not very nicely) and told her to go as he could not afford to pay her, she asked if he was sacking her or being made redundant and he said neither and he was just laying her off.
She has worked fulltime for him for approx 10 years and has no contract of employment, she was given wage slips etc. She has been given no letter of termination of employment and is still owed pay.

Where does she stand?

Is she entitled to redunancy and her outstanding pay and holiday days and should she be seeking legal advice?

I am no employment expert so am hoping that someone here can help?
Many thanks

dori2o

jojopo000 wrote: »

I am asking this on behalf of a friend, she went into work on friday and her boss said he was going to have to get rid of someone as he cant afford to pay all the staff and he would let them know on Monday, on saturday she looked in the book and saw no work was booked in for her so she asked her boss and she said yea it was her so she may as well go now(not very nicely) and told her to go as he could not afford to pay her, she asked if he was sacking her or being made redundant and he said neither and he was just laying her off.
She has worked fulltime for him for approx 10 years and has no contract of employment, she was given wage slips etc. She has been given no letter of termination of employment and is still owed pay.

Where does she stand?

Is she entitled to redunancy and her outstanding pay and holiday days and should she be seeking legal advice?

I am no employment expert so am hoping that someone here can help?
Many thanks

At the very least she is entitled to paid notice, 1 week for every full year worked, plus any accrued holiday pay. She is also entitled to any outstanding salary.

jojopo000

dori2o wrote: »

At the very least she is entitled to paid notice, 1 week for every full year worked, plus any accrued holiday pay. She is also entitled to any outstanding salary.

Thanks for replying, how would she go about getting it all as her employer is refusing to pay her anything

dori2o

jojopo000 wrote: »

Thanks for replying, how would she go about getting it all as her employer is refusing to pay her anything

This may not be all she is entitled to, so first of all i would advise you to contact ACAS for further advice, and also you may get further responses on this forum.

If your friend believes that she has not been paid her full entitlement, or in fact that her dismissal is unfair, then she should first of all exhaust the companies grievance proceedure and make a direct complaint to the HR manager/MD in writing sent recorded delivery, stating her reasons why she believes she has been treated unfairly, and secondly setting out whet she believes are her entitlements to statutory pay and notice.

Once she has exhausted the grievance proceedure, or once the company has failed to respond to her written complaint after 30 days, then she would be able to make a claim through the employment tribunals service for unfair dismissal and witholding of monies from her salary.

jojopo000

dori2o wrote: »

This may not be all she is entitled to, so first of all i would advise you to contact ACAS for further advice, and also you may get further responses on this forum.

If your friend believes that she has not been paid her full entitlement, or in fact that her dismissal is unfair, then she should first of all exhaust the companies grievance proceedure and make a direct complaint to the HR manager/MD in writing sent recorded delivery, stating her reasons why she believes she has been treated unfairly, and secondly setting out whet she believes are her entitlements to statutory pay and notice.

Once she has exhausted the grievance proceedure, or once the company has failed to respond to her written complaint after 30 days, then she would be able to make a claim through the employment tribunals service for unfair dismissal and witholding of monies from her salary.

Thanks for this, can she use ACAS if she wasnt part of a union?
Also her company was a hairdressers and there is no HR department. I've just spoken to her and she has nothing in writting at all, was just told to go on the saturday.
I've advised her to go to CAB but will also get her to call ACAS.

dori2o

jojopo000 wrote: »

Thanks for this, can she use ACAS if she wasnt part of a union?
Also her company was a hairdressers and there is no HR department. I've just spoken to her and she has nothing in writting at all, was just told to go on the saturday.
I've advised her to go to CAB but will also get her to call ACAS.

ACAS is not affilliated to any Union, it is an arbitration service and they will give her advice on what she can do.

Whether or not there is a signed contract of employment is irrelevant, where no agreement exists every employee is covered by the statutory regulations that ALL employers are bound by.

Please see here for details of your friend rights to notice of termination of employment.

http://www.legislation.gov.uk/ukpga/1996/18/section/86

their rights in the period of notice

http://www.legislation.gov.uk/ukpga/1996/18/section/87

Then their rights if they have normalworking hours
http://www.legislation.gov.uk/ukpga/1996/18/section/88

and their rights if they have do not have normal working hours, i.e. no set working pattern.

http://www.legislation.gov.uk/ukpga/1996/18/section/89